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OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
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DEPARTMENT OF INSURANCE, SECURITIES AND BANKING
ERRATA NOTICE
The Administrator of the Office of Documents and Administrative Issuances (ODAI), pursuant to the authority set forth in section 309 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2-559), and the Commissioner of the Department of the Department of Insurance, Securities and Banking, pursuant to the authority set forth under sections 102(9), 103(1), and 125 of the Insurance Trade and Economic Development Amendment Act of 2000, effective April 3, 2001 (D.C. Law 13-265; D.C. Official Code §§ 31-2231.01(9), 31-2231.03(1), and 31-2231.25 (2001) and in accordance with section 6 of the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1206, Pub. L. 90-614, D.C. Official Code § 2-505(a)(2001)., hereby gives notice of the corrections to the District of Columbia Municipal Regulations (DCMR) as amended by a Notice of Final Rulemaking published in the D.C. Register and issued by the Department of Insurance, Securities and Banking on December 7, 2007 at 54 DCR 11702.
The Notice of Final Rulemaking created a new chapter 52 entitled, “Military Sales Practices.” This Errata Notice corrects the citation format in section 5202, “Authority,” and the numbering structure in section 5203, “Exemptions.”
Section 5202 provides the rulemaking authority governing the promulgation of chapter 52. A second section symbol (i.e., §) is missing from the D.C. Official Code citation. The comma separating the D.C. Law citation from the D.C. Official Code citation should be semi-colon. Lastly, a comma should be placed before the phrase, “et seq.” This errata notice corrects the citation so that entire subsection reads as follows:
5202.1 This regulation is issued under the authority of the Insurance Trade and Economic Development Amendment Act of 2000, effective April 3, 2001, (D.C. Law 13-265; D.C. Official Code §§ 31-2231, et. seq. (2001).
Chapter 3, “Rules of the Office of Documents and Administrative Issuances,” of title 1 of the District of Columbia Municipal Regulations (DCMR) contains the rules governing the drafting of rules and regulations. Section 313, “D.C. Municipal Regulations: Structure and Format,” provides the regulations pertaining to the format of the DCMR and how regulations should be drafted in order to conform to the DCMR’s format. When drafting subparagraphs, an outline style is to be used: (1, 2, 3 . . . ), ((1)(A), (1)(B),(1)(C) . . .), ((1)(A)(i), (1)(A)(ii), (1)(A)(iii) . . . ). See 1 DCMR § 313.9(g).
This Errata Notice corrects the numbering scheme of paragraph (g) of subsection 5203.1 so that it conforms to the DCMR structure and format. Paragraph (g) of subsection 5203.1 shall read as follows:
(g) Contracts used to fund:
(1) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
(2) A plan described by Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, as amended, if established or maintained by an employer;
(3) A government or church plan defined in Section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the IRC;
(4) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
(5) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
(6) Prearranged funeral contracts.
Any questions or comments regarding this notice shall be addressed by mail to the Administrator, Office of Documents and Administrative Issuances, 441 4th Street, N.W., Suite 520 South, Washington, D.C. 20001, or via telephone at (202) 727-5090.
